KENDALL | MANDELL, LLC SUCCESSFULLY REPRESENTS INSURER IN CASE OF FIRST IMPRESSION

Fulton County, Georgia (July 2015) – Kendall | Mandell, LLC successfully represents insurer in case of first impression.

Previously, Georgia courts had not addressed which contractor’s scope of work should be considered when determining whether certain standard business risk exclusions apply to a general contractor’s claim for first-party coverage as an additional insured under its subcontractor’s Commercial General Liability policy: the general contractor’s scope or the subcontractor’s scope?

The Georgia Court of Appeals answered this question in favor of Kendall | Mandell, LLC’s client, holding that business-risk exclusions in the insurance policy issued to the subcontractor exclude coverage for a general contractor’s first-party claim for reimbursement for damages to the project caused by the subcontractor’s faulty workmanship.   In so ruling, the Court held that the general contractor’s scope of work is considered, not the subcontractor’s scope of work.